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CHRISTIAN v. FIDELITY & CASUALTY CO. OF NEW YORK

6 Div. 41.

88 So.2d 840 (1956)

Wiley CHRISTIAN v. FIDELITY & CASUALTY COMPANY OF NEW YORK et al.

Supreme Court of Alabama.

July 26, 1956.

Attorney(s) appearing for the Case

Bevill & Bevill, Jasper, for appellant.

Davies & Williams, Birmingham, for appellees.

MERRILL, Justice.

Appellees filed a bill in equity against five respondents, all of whom were personally served. Decrees pro confesso were duly taken against three of them upon their failure to make an appearance. The other two respondents, Lowry and Christian, filed demurrers within the time allowed, but made no further appearance.

The final decree recites in part that:

"This Cause coming on to be heard was submitted for final decree on bill of complaint...

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